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tv   Studio B With Shepard Smith  FOX News  July 1, 2011 3:00pm-4:00pm EDT

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>> have a wonderful 4th of july. >>trace: great week, by the way, superb. gretchen: thank you for watching, everyone, "studio b" starts right now with jon scott. >> today the news begins anew, on "studio b" with the casey anthony murder trial back on after grinding to a halt this morning. the judge called for an indefinite recess so the defense could question some of the state rebuttal witnesses. we will bring you testimony throughout the hour. here to break it down is phil keating and legal analyst arthur aidala and criminal defense attorney randy zelin. plus we will hear from geraldo and jury consultant.
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but, first, a fox urgent. word of a bam -- baboon on the loose in new jersey, in central new jersey, halfway between new york and philadelphia. police say several people have called in since yesterday saying they saw the animal around their neighborhoods. a driver reported seeing the animal near interstate 95 and another woman called in to say a baboon was sitting other her back porch. authorities say the monkey may have escaped from a 6 flags park but the hand dealers say they cannot be sure because they don't count their baboons. animal control officers say anyone who sees the baboon should not approach it although they say they usually are not aggressive so if you should see a baboon wandering through your yard in jersey, call the police. updates as we get them. >> now from fox at 3:00, key testimony from casey anthony's
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mother now coming into question. you will recall she dropped a bombshell early in the trial testifying she looked up chloroform contradicting the prosecution theory that casey had done the sevens. prosecutors today calling witnesses from cindy anthony's former employer to prove she was at work when she claims she googled color foreign minister on her home computer. early today the defense attorney baez asked for time to talk to some of the rebuttal witnesses saying the planned testimony was a surprise to him. the judge perry showing frustration with this wrangling. judge: the jury has been sequestered and there are real problems and there are imaginary problems.
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and i hope this is a real problem and not an imaginary problem. >> we are told the jury could get the case this weekend. the florida mother stands accused of drugging her 2-year-old daughter, and suffocate her and storing the body in her star for several days before dumping it in the wood. that is the prosecution theory. defense attorneys claim she died accidentally in the swimming pool and her father, george anthony, helped cover it up. did the defense present any evidence of that? we will get interest that with our legal panel. and we will go in the courtroom as prosecutors present the rebuttal case. but, first, to phil live outside the courthouse in orlando. phil, cindy anthony is proving to be a critical witness in her daughter's murder trial. phil: absolutely. all about the mid-march 2008 chloroform and chlorophyll searches on the anthony home
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computer three months before prosecutors say casey anthony used chloroform to dope caylee to sleep and then duct tape and suffocate the young girl. if the mother is not at work as she testified last week but on the home computer, suddenly the jury might find doubt that casey was the one doing that removing premeditation and that would then probably kill the whole first-degree murder charge and the possibility for life in prison and the prosecutor over the past few days have uncovered more ammunition against what the testimony of cindy anthony was and to go deeper, replay you a bit of her testimony from june 23rd and backed it up with the lead prosecutor today. >> you told me at your deposition you searched for chlorophyll, correct? >> yes. >> and you spelled it for me. do you recall that? >> yes. >> do you recall denying you made any searches for how to
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make chloroform? >> i didn't look up how to make color foreign -- chloroform, i p chloroform and when you lock it up you don't have to look up how to make it on there it tells you what the chains are. >> they did key word searches based on information provided in the testimony and there is no reference to those terms either in the unallocated, deleted fire fox history or on the entire hard drive. phil: the forensic investigators take out whether cindy anthony was searching for this at home or work because they find absolutely not even one seven for chlorophyll done. at all. on the anthony home computer and i spoke with cindy anthony's attorney and he tells us he
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truly is now concerned that cindy anthony could be charged with perjury. >> other depositions involved forensic scientists. what was that about? phil: during the defense presentation they brought out a famed forensic an throw -- an throw poll gist who testified holding a human skull on the stand and he thought the autopsy performed by the medical examiner was shoddy and the experts, one of whom is on the stand are there to rebut that testimony from the jury, to make the jury believe, as the state contends that after six months of decomposition in the woods, they got every bit of evidence out of caylee anthony's remains that they could. >> thank you from outside the courtroom. so we heard from the top lawyer at cindy anthony's employers a short time ago, former employer,
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and well talk about that. she logged in to the company computer with the searches for chloroform. former prosecutor and legal analyst arthur aidala is with us and criminal defense attorney, randy zelin is us with, as well. do we see the possibility of her being charged with perjury, randy? >> in. if she walks, if somehow casey an don't is acquit sod there is in the going to be another trial the entire anthony family is going to get help dieted including the dogs they buried but short of that, don't hit me, i don't see this as being any big deal. i see this as hurtful to the state because it is confusing the jury. is she truthful? is she not truthful in if she lied about that, that means she knew what happened which means this is probably not premed indicated because she called 9-1-1. >> let's reset things for the
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viewers. there is all the testimony that there were 84 searches done for the word "chloroform," on the anthony home computer and most took places at hours when the parents would be, presumably, at work, and casey was home. then, up comes her mother and says, no, i'm the one who did the sevens . today they asked her boss and the boss said, no, she was at work on the days those searches were essentially made. >> made, i believe, march 17, of 2008. and with the greatest respect to my colleague, mr. zelin, was yelling and screaming this was the death blow for the prosecution when cindy came up and said, i was the one who was searching for chloroform now if it is proven by her work records and we said this two welcome when this testimony originally happened, if her bosses came in and said, no, no, no, she was at
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work, here is the timecard, he is lying. it was going to drastically change any holes the defense punched in the prosecution case. to answer the question, i have never represented anyone charged with perjury as a witness in a case. it is so rare that it happens, maybe it should happen more often. i don't see it happening. >> the computer expert from the state would went in and looked at the home computer found no searches for the word "chlorophyll" which is what cindy anthony claimed she was actually looking for and somehow mistyped or misspelled and got chloroform, instead. >> i think the jury has had enough. >> when you don't have the facts, you start down that line. >> no, no, no, in all seriousness this is now becoming such a confusion and confusing game of ping-pong.
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>> how is it confuse increasing. >> is she lying now? the jury cannot keep track of what is going on. >> they want to know who did the search. now it seems that mom was at work. dad was out of the house. casey did the search. it's devastating. >> doesn't she come across as a mother who doesn't want to see her daughter go to the death chamber with a needle in her arm? >> doesn't that make sense. what makes sense in the real world, and what you just said, hits the nail on the head she will say what she has to say so her daughter doesn't life. she lost her granddaughter and she don't want to--. >> then why would she call 9-1-1 and say listen there is a smell of death. >> she didn't know her daughter killed her granddaughter at that point. >> they must have. why lie about the chloroform
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search? >> we are looking at case anthony looking at the computer screen, and these are lawyers questioning some of the people who used to be her mother's employer. this is the forensic scientist. we will listen to the testimony. >> objection. relevance. the difference between forensic and anthropology organization. >> do they recommend sawing the skull? >> no. >> are you aware of a document with a section from the u.n. dealing with the treatment of skeletal remains in human rights or genocide cases? >> yes. >> do those documents recommend sawing open a skull?
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>> no, not to my knowledge. >> overruled. >> no further questions. judge: cross-examination? >> good afternoon, doctor. you are the gentleman who, the witness, who did the quick time video, correct? >> correct, power point. >> and that was done on photo shop? >> objection, beyond the scope. judge: sustained. >> you are not a medical doctor? >> no. >> you are not a forensic an
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throw poll -- pathologist. >> correct. >> and you will tell what they should testify to? >> i am testifying to what a competent anthropology doctor would do. >> so you cannot talk about what a forensic an -- forensic pathologist should testify to? what your testify is here today, is basically limited to what a forensic anthropology scientist would do?
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>> yes. >> you mention a document about the minnesota protocol, the u.n. documents for human rights, and that is for anthropology doctor. you are not aware or familiar with the national association of medical examiner autopsy protocol? >> somewhat. >> and i heard you testify about , mr. ashton had trouble with the word and the last part of it was maggot. >> the large hole. >> okay.
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why did you look in there? >> that is casey anthony's attorney, mr. baez testifying a state witness, a pathologist. what is going on here? this seems to be dueling experts? >> yes, one says what the state's expert did was lousy. and a rebuttal for the state is saying, no, no, no, she wrong. that is enough for casey's lawyer to sit down and get up on closing argument, we have dueling experts. and what he really should be doing is trying to explain this guy is not qualified to talk about what dr. spits talked about and sit down. >> because he does not have the same title. arthur, dr. warren testified that opening the skull as
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dr. spits suggested should have been done is not in the best practices of--. >> of anthropology. the somebody so far in time, it is a different procedure. john, quickly, keep in mind how exhausted everyone involved in this trial is, especially the jury. and at this point i wonder if any of this is seeping through or if the same way we are in 4th of july mode, so is the jury. and they are like, enough already, we know. we understand. the lawyers have to do their job, but sometimes you have to know when to fold and when to fall. >> it is brilliant point. they have had enough and they probably have already made up their minds unfortunately. and the more this stuff goes on back and forth, it is more confusion and not helping the state. >> sometimes less is more. our legal panel will be with us through the hour.
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>> in the courtroom in florida right now, casey anthony is standing up. they are taking a short recess. we will continue our coverage of the trial. casey anthony yesterday telling the jury it was her decision alone not to take the witness iceland in her own defense. how did she come to that decision? did the lawyers believe she would damage her case if she opened her mouth? or was it a strategic move in some respects? in case there is an appeal in the event he convicted. and now, geraldo in orlando, i have not heard too many who thought she would take her stand but her attorney led us do believe she would. >> i think it was a possibilities. i want to flashback to your debate that concluded between randy and arthur about the prosecution rebuttal before i deal with the accused here
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testifying on her own behalf. i think that arthur is right. the prosecution rebuttal witness who proved with forensic that grandmother was at work and she could not physically be at home on the home computer and making the search for chloroform or chlorophyll was a devastating blow to the defense. we remember the moment when grandmother says it was me with the chloroform and chlorophyll and we all said that is the leg of the three leg stool of the prosecution suddenly kicked out, and now it appears as if the accused in this case could have a glimmer of hope of getting the most serious charges erased. now, flash forward to the issue of casey anthony taking the witness stand, baez did make the sensational claim in his opening arguments that the child, caylee, died accidentally and
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george anthony then covered up the crime or helped cough up the crime and the accused, casey anthony, remained silent because she had been so battered and her free will eroded by years of abuse and she listen toddler father and went along with it and behaved in some an inappropriate fashion going out to the hot body contest and so forth. baez also said and i have had various conversations with him over the last couple of months if he felt that there was enough chipping away at the prosecution theory that this was a murder case, a murder by casey anthony so she could party like it was 1999 if he thought they could bring up enough to suggest that in was a dysfunctional family, they did not know she was pregnant and she obviously was 7 1/2 months pregnant and showing and never asked who the baby's father was, bring in the testimony of lee anthony that maybe he did feel up his sister,
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bring up the ridiculous sobbing when he heard his sister was pregnant out of wedlock, that there would be enough noise to suggest that this was the kind of environment where, indeed, she could have been abused and maybe she didn't have a normal reaction to this tragic event. he had that, i think until the rebuttal witness just said, grand ma didn't make the search. there is only one person that could have made the search. the implication being ... and now the accused, casey anthony is in serious trouble. do i believe it will be a murder won conviction? no, i still don't think it raises to the level of a death penalty murder case. but i do think her conviction now is certain on a compromised verdicts, probably aggravated manslaughter. >> we got word from the courtroom that the state has informed the court it has three more witnesses and it should
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take less than an hour. so, this long, long, and such convoluted trial is winding down. interesting, you say that you think cindy anthony in testifying she searched for chloroform so many thought, okay, she is trying to help out her daughter, and you say in the end it did not have that effect. >> everyone thought that and said, having lost her granddaughter or beloved toddler, that she doubted -- doted on, she wanted to save the life of her daughter and everyone put her testimony in the context of your mom would do it for you, too. my 91-year-old mom, she would do it, too, she what soy an alien from mars did it rather than let me go to the death chamber. having that decision, though,
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and having it thrown in her face that you could not, that it was physically impossible for her to do it, it was, there is no sympathy, there is no, any mom would do it now she a low arrest and it really hurts the defense in a junior way and now, tomorrow, they get the day off to prepare sunday, the closing argument for both sides, and they will be pondering her fate over july 4th, monday, july 4th and we will see a verdict tuesday morning. >> we will see if that prediction holds true. thank you from orlando. tune in to geraldo this weekend with complete coverage of the trial at 10:00 p.m. eastern right here. the judge expressing frustration on behalf of the jury. they have sat through weeks of testimony, some dramatic. some emotional. some highly technical. so, what is the reaction inside the jury box? we will talk with the jury
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consultant watching closely, observing the jury almost every day. let me tell you about a very important phone call i made.
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focused on the flag-topping eagle. it will startup again in just a few minutes. prosecutors today wrapping up the rebuttal case against the young florida mother facing a possible death sentence if convicted for killing her two-year-old. it will be up to the jury soon to determine whether casey anthony guilty or innocent. the jury consultant and body language expert is joining us from orlando and has been in the courtroom almost every day. and was there, today. there has been a lot of concern expressed by the judge and everybody else, our legal panel in the studio, about the fact the jury is tired. they want to be done with this and get on with their lives. are you seen that? as a whole? >>guest: we had two in the jury who said from the beginning, they didn't want to be on the jury. and was number 2 and number 5 so we have two in the jury that don't want to be on there and they have never taken notes and
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what happens is now we are getting into jury stress, closer to deliberations and the judge has been very good about trying to keep the jury occupied but they are tied. they want to go home. they want to get back to their lives and the judge wants to see that happen. >> there are interesting people on this jury. there is a physical education teacher. a retired nurse. when you look at the individual reaction to how they are taking this testimony have you seen changes overtime in their demeanor? >> yes and i am noting which in the jury are paying specific attention. now what i do is get fine tuning. who will be the i.t. guy who is stronger in psychology, and, who is the emotional or the
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analytical and how the group dynamic is going to work when they get behind closed doors during the deliberation. >> do you expect ... it is anybody's guess but the lawyers here were talking about whether it will be a long deliberation or short one? any ideas? all number 4, who concerning, my dangerous one, and juror number six, we have two of those jurors who will cause some problems, and, again, they are evenly swayed f they don't take notes, and they are depending on what everyone else is saying and they want to get home to the kids, whatever you have, i'll have the same thing, too. >> randy, do you like a juror who doesn't like notes? >> that is difficult. you would think they would be attentive, they are withed and
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into it and you try to read their body language. but by the same token if you have tried to take note when you listen, you don't give your full attention to the person speaking so an argument could be made that i'll take the person who is watching and listening and taking it in opposed to the one taking the notes. >> it is the second holiday that the jurors will miss because they have been sequestered. is that going to work in their mind to propel them to a quick version because it's 4th of july. just get it over with. >> i don't think they will do that because we have not lost any juror at this point. they have been there each day, no one has been sick, we have not lost one, and we have not had to use alternates. but this other gentleman is right. the ones that are not taking notes, they are retaining the information and they are more visual and auditory and, we know
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51 percent of all jurors are visual. >> what does that bring to this case? >>guest: what this brings to our case is that those that are not taking notes, they can benefit from being part of the deliberation because they can recall information and they can still add information or participate in the group dynamic. >> thank you, susan. and a note about some of the going on in the courtroom during a break, a couple of young women, girls, who had made it into the courtroom, and it is very hard for the general public to fight for seats in the courted courtroom, two young girls snapped photos of cindy anthony the hallway, the grandmother, and mother of the accused in this case, and reported them to deputies and the deputies then seized their
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inphone came -- cameras to delete them and they are being kicked out. >> her lead attorney portrayed her as a victim in this case and even introduced an entirely different theory about how 2-year-old caylee died. a very strong opening statement. did baez deliver? ♪ hello sunshine, sweet as you can be ♪ [ female announcer ] wake up to sweetness with honey nut cheerios cereal. kissed with real honey. and the 100% natural whole grain oats can help lower your cholesterol. you are so sweet to me. bee happy. bee healthy.
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>> think back to the going of the trial. her attorney dropped a series of bombshell accusations claiming little caylee was never actually missing and her death was an dent. a winning pool drowning. and he made strong accusations against casey's further and where. listen. >> caylee anthony died union 16, 2008, when she drowned in the family winning pool. you will hear he loved to women. and caylee could get out of the house. and she did so on that day. you will heartories about a family that's incredibly dysfunctional and you will hear about ugly things. concrete -- secret things and it
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began when her father came booher room and touched her inappropriately and you will hear evidence that her brother, he, too, wanted to fall in her father's wood tens and -- he would come do her bedroom. >> did her attorneys prove the case and plant enough doubt in the mind of the jury to get her off? arthur aidala and criminal defense attorney randy zelin is with us. he just said again, we will hear evidence of incest. but we didn't hear that. >> i have been accused of raising my voice on this show. i watched that and to my core i
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cringe and i only hope that he gets up on closing argument and says, ladies and gentlemans, if i could erase what i said in opening statements, i could because to deliver that opening statement and then, nothing, zero, you talk about delivering he did not have a truck to put anything in. he had nothing. he has destroyed his credibility, perhaps his client's credibility and he has so much to create reasonable doubt. he boxed himself in. to me the only thing he can do is own it, take responsibility for it and move on. i don't know what to a. >> court is back in session in orlando. casey anthony looking on. the judge has been told by the prosecution they are three more witnesses to present and it should take less than an hour and we are done with testimony, right, arthur? >> back for a second to the
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opening statement. "new york times" did a study that heed the jury, 80 percent, their feelings of the outcome after the opening statement is consistent with their ultimate verdict. so in the opening statement when they get in their mind they believe that is how it happened they listen to the evidence to come to that conclusion and if baez pulls something off here everyone ragging on him could be what puts him over-the-top. i doubt it. but it could be what puts him over the top. >> you are saying the jury will use this to filter? >> they interpret and hear the evidence the way they want to hear the case come out. if they convince two on the jury and there is a hung jury, here is a hero. >> but more so, when you say this is what happened, you are held to the standard, now, of
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delivering, which is why we as defense attorneys suggest the evidence is not going to be there. it is rare you will get up there and say, i'm telling you, this will happen and i will prove it. you have taken on the burden. he took on the burden but he did not deliver. >> the witness is a computer forensic expert with orange county sheriff department and works for the county. >> you talked about specific date of march 17 and march 21. >> yes. >> the deleted firefox history spans a broader range of time? >> it did. >> can you tell the jury the range of time the deleted internet history you carved out of the hard drive encompasses?
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>> it starts march 4 through march 21st. >> you testified there were forensic tools you utilized to performance analysis on certain words contained in that history, correct? >> yes. >> i want to make sure what has been marked as sb for identification. judge: you may. (inaudible). >> do you recognize this? >> that is a disk i created with two different report files. >> what report files? >> report from net analysis. >> this is part of the attempt by the prosecution to prove that cindy anthony could not have been the one searching for the
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word "chloroform," or " chlorophyll." [ waves crashing ]
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>> the prosecution promised less than an hour remaining in the
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casey anthony murder trial. that is stretching on as the trial has been almost since day one as they continue to take a side bar with the judge. and the witness on the stand right now testifying he works for the orange county sheriff and does computer forensics and was talking about the erased searches from the hard drive on the anthony computer. so when they get to the end of this case, arthur aidala, what does baez say? what does he do? >> what he will point out is the reasonable doubt. i would do it with a blackboard or piece of paper and say, look, folks, i will give you a dozen reasonable doubts. how does she die? when did she die? who put the duct tape on her? where does it come from?
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if you have one reasonable doubt, you have to find her in the guilty. >> they are back asking questions of the witness from the sheriff. we will listen. >> what ski -- key word searches were you asked to perform? >> i was asked to. -- examine the files for everything related to chlorophyll, hand sanitation, bamboo and genotiva. >> can you explain to the jury how a key word search is performed? >> the net analysis report is a spread sheet that opens up in
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microsoft and you use and cel "search" to open and search and look for whatever word it is are looking at. the cash back report is html based report and when you open it up there is a search feature to allow you to search for the different words. >> would it assist to be able to see, we can start with the net analysis and show the jury how it is done. >> it would. >> can we have permission to publish . >> as we report the end phase of the the casey anthony trial off to a bumpy start. the against and prosecution
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>> live at casey anthony's parents sitting in the back row of the courtroom, live pictures from the supreme court room in orlando, florida. closing arguments expected some time this weekend so after all the ups and downs during more than a month of testimony, how the prosecution and the against will wrap things up. and now to our legal panel to ask how they would close out the case. former prosecutor legal analyst arthur aidala and criminal against attorney randy zelin. the prosecution goes first and last. so start with you, arthur. >> well, i think the best
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evidence the prosecution has is the evidence that took place before lawyers were involved and vest -- vest investigators were involved. the 9-1-1 call, by grand ma saying the car smells like death and the videotaped jailhouse conversation between casey and her parents. that evidence is untainted. pure. and just on that alone, on general principle, you find casey anthony guilty. maybe not of the top count but the higher counts. she will spend 25 years in jail. >> if you hear the prosecutor make that closing arguments what do you say? i will now practicing in sigh beer., i will say i am a human being, we suffer from human
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frailties and my opening statement, perhaps i spoke too much but the reality is like my client put the frailties aside, her behavior does not mean she is a murderer. the back and forth does not make her a murderer. ask yourself, when does sky -- die? what does they die from? if you cannot answer the question ises you cannot say why and you cannot say who. so, we showed you not a reasonable doubt but we showed you reasonable doubt. can you convict my client and make a decision such as you had to expose your child to heart surgery on this evidence? no. >> arthur, randy, good do have you as this winds down after more than a month. we will continue to watch the casey anthony murder trial headed toward a final event


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